Samoa's Speaker has accused an M.P. of "misleading the country and undermining the dignity of Parliament" in a statement released on Parliament's official Facebook page.

The M.P. was not named in the press release, which was posted on Facebook at around 6.19 pm on Monday, with Papalii Taeu Masipau saying he had to issue the press release in order to "clarify certain matters for the reference of the public".

"There have been countless mockery attempts made by a Member of Parliament towards Parliament through various media outlets, which is disappointing to note as he himself is a Member of Parliament," Papalii said. "To clarify, Part V, Article 42 of the Constitution provides, 'There shall be a Parliament of Samoa, which shall consist of the Head of State and the Legislative Assembly.' 

"The Legislative Assembly consists of the Speaker as the Presiding Officer and elected members of the nation, not chosen but elected members from respective constituencies. Therefore, statements which undermine the integrity of Parliament also affects His Highness the Ao o le Malo of the Independent State of Samoa and all elected Members of Parliament which includes the Member himself."

According to the Speaker, Parliament has five core constitutional functions, and its most integral function is lawmaking. He added that only Parliament has the lawmaking authority of the nation in accordance with Article 43 of the Constitution.

"This is where the three arms of Government connect: Parliament has the power to create, amend, pass and repeal laws, the Executive implements the laws while the Judiciary interprets the law.

"As the Speaker, it is pertinent that I clarify these matters, for the information of the public on how the three arms operate/function; they do not intervene, rather the other arm/institution monitors and scrutinises the other to ensure checks and balances (System of Checks and Balance). 

"It is my prime intention to uphold the dignity and integrity of Parliament and not use the Political Party saga as a means to undermine and portray Parliament in a negative light."

See here the statement from the Speaker of Parliament published verbatim:

It has come to my attention as the Speaker of Parliament, as well as the public at large who have witnessed statements made by a Member of Parliament, which perceived to have misled the country as well as undermine the dignity of Parliament. Thus, this Press Release is made to clarify certain matters for the reference of the public.

There have been countless mockery attempts made by a Member of Parliament towards Parliament through various media outlets, which is disappointing to note as he himself is a Member of Parliament.

To clarify, PART V, Article 42 of the Constitution provides, "There shall be a Parliament of Samoa, which shall consist of the Head of State and the Legislative Assembly." The Legislative Assembly consists of the Speaker as the Presiding Officer and elected members of the nation, not chosen; but elected members from respective constituencies. Therefore, statements which undermine the integrity of Parliament, also affects His Highness the Ao o le Malo of the Independent State of Samoa and all elected Members of Parliament which includes the Member himself.

Parliament has 5 core constitutional functions and its most integral function is lawmaking. Only Parliament has the lawmaking authority of the nation in accordance with Article 43 of the Constitution. This is where the three Arms of Government connect: Parliament has the power to create, amend, pass and repeal laws, the Executive implements the laws while the Judiciary interprets the law.

As the Speaker, it is pertinent that I clarify these matters, for the information of the public on how the three arms operate/function; they do not intervene, rather the other arm/institution monitors and scrutinises the other to ensure checks and balances (System of Checks and Balance). It is my prime intention to uphold the dignity and integrity of Parliament and not use the Political Party saga as a means to undermine and portray Parliament in a negative light.

The Speaker of Parliament, is a constitutional appointment pursuant to Article 49 of the Constitution of the Independent State of Samoa and Standing Orders 5 and 6. It clearly stipulates the election of the Speaker as Presiding Officer of the Legislative Assembly. However, the statements made by this Member of Parliament seem to be directed towards me personally, disregarding the constitutional appointment, and has led to addressing my constituency and their elected representative who has been elected as Speaker of Parliament.

Such actions are not acceptable given the esteemed nature of these appointments. It is important to note that the public continues to witness Parliamentary proceedings, whereby I, the Speaker conduct my duties in accordance with the Standing Orders of Parliament.

The relationship between Parliament and Judiciary is clear under the Constitution of the Independent State of Samoa. As such, all decisions and rulings made by the Court are valued by Parliament given that the Judiciary have their own duties to fulfil according to the Constitution and related legislation. However, it is the role of the Legislative Assembly as lawmakers to respect the law. As outlined under Standing Order 15(2), every Member of Parliament shall uphold the laws of Samoa and safeguard the principles contained in the Constitution.

The Judicial court rulings are law itself however, it has been noted that a member takes these rulings as a comical matter. Comparing the parliamentary ruling and court rulings and alluding that one institution is above the other. However, the foundation for these arms of government/ institutions, their functions have already been laid out.

It is my intention to clarify and elaborate on the entirety of matters mentioned by the Member of Parliament in his statements. In my view as the Speaker, these claims and statements have grievously undermined the Parliament of Samoa including the Head of State and elective representatives of each constituency. I firmly believe that shedding light on this matter would avoid other opinions and assumptions that would further mislead the country as the notions and opinions of an individual will not be used as means to stray the opinions and beliefs of the country. Sincerely,

Susuga Hon. PAPALII Lio Oloipola Taeu Masipau, Speaker of the Legislative Assembly for the Parliament of Samoa.